evidence contradicted the officer's version. >> reporter: the federal lawsuit gives them the ability to conduct their own investigation. >> we will ask him, what the hell were you thinking? what did you expect him to do when you crawled out. not turn around and look at you. >> reporter: saying the similar litigation has the potential of interfering with the full contact of the criminal investigion. he says that's the point. he wants to shake things up. >> they have already concluded that the shooting was justified. okay? shame on them. shame on them. what they need to do is be critical in their evaluation. >> reporter: the family's autopsy shows lopez was shot in the heart, and fell to the ground immediately, and suffered several gunshot wounds. garcia says the investigation also shows the shooting took place almost immediately after lopez was identified in 2 to 3 seconds, and that witnesses

easily recognized it was a toy gun. the lawsuit alleges profiling, and recklessness and questions the hiring and training of officers. >> something that just happened randomly october 22. >> reporter: and the family clearly wants a better explanation in what happened. the fact that they have not buried andy because they're hoping the fbi will conduct its own autopsy. >> where is the police investigation? >> the santa rosapolice department is handling the investigation. they say it's going to take two or three months before it's completed. the d.a. is going to decide if charges will be filed. new details are emerging on the decade's long relationship between randy alana and sandra coke who he's accused of

killing. the 15-year-old is the one who reported her mother missing in the night coke disappeared. that was august 5. coke's body was found in a pardon me in vacaville four days later. alana is charged with her murder. for the first time tonight we're hearing from the family of the man accused of deadly shooting rampage at l.a.x. suspected gunman, pa ciancia is accused of killing one tsa agent and injurying several other people before airport officers shot him several times. he remains heavily sedated in the hospital. reporter martha shade with the possible motive. >> reporter: just before paul ciancia went on a shooting rampage at l.a.x., there were apparent warning signs. a woman who says she knows the alleged gunman says police knocked on his door. >> they heard that paul was suicidal, and needed to do a welfare check on him. >> reporter: he sent text messages to his family in new

jersey, saying he was unhappy. then he told them something bad would happen. that prompted a call to police, but the police weren't able to react in time. they went to his apartment, but ciancia was already at the airport. the woman believes ciancia abused his authority. >> one of the things they'll have to determine as part of the investigation. there have been some preliminary things we are learning and have been reported. we have to get a fuller understanding of the person who we now have in custody to understand what his motives might have been. >> reporter: a note found on paul ciancia after police shot him said he wanted to instill fear into their traitorous minds. >> part of the investigation will be the security measures that were in place. not only of l.a.x., but the

security that exists in other airports as well. >> reporter: those efforts aimed at preventing another similar attack. from a spokesperson read a statement from his family, expressing sympathy for the victims, and support for ciancia. we are also getting a clear picture of how ciancia allegedly pulled off that shooting. cnn reports a roommate drove ciancia to the airport. >> he's cut a hole in the top of the suitcase and in the bottom of the backpack, so that the rifle can stand up in this tunnel between the two bags. he's able to pull the backpack off the top. pull the rifle under the suitcase, and the first person

he opens fire on is gerardo hernandez. >> after walking away, ciancia allegedly saw hernandez move and shot him again. ciancia made his way down an exit ramp, firing whenever he spotted those tsa blue shirts. within 30 seconds of the first calls to police, officers had shot ciancia at least four times, ending the rampage. fire crews snapped these photos as thick smoke poured out of the home investigators determined it was a marijuana grow house. one person was hurt, but crews were able to rescue two dogs. police are investigating the city's 39th homicide of the year. someone shot and killed the victim in the 100 block of morrison avenue at 4:30 this morning. apparently, the two knew each

other. crews raised a sunken tugboat from the oakland estuary today. it released chemicals into the environment. today was part of a cleanup effort launched by oakland police last month. a notorious san francisco intersection. this time, a man in a wheelchair was struck and killed. the man was in the crosswalk on market street and octavia boulevard. it's not clear if alcohol was a factor. the intersection is a hot spot for trouble. >> i'm not surprised. there's been a number of accidents in the past, 3, 4, 5 months. >> four days ago, a camera was

installed to catch drivers making illegal turns. the popular high school strategy now being used to keep younger students safe. >> california's biggest new casino is hours away from opening its doors. but is it a windfall for the county? the extra cost with hitting this jackpot. >> headlines down to the mid- to upper 30s. the number of the day is 44. we have gone 44 straight days in fall without a drop of rain. when is that going to change? the answer next. >> and nyu student wedged between two buildings for two days. the tip that finally got him out alive. ,,,,,,

its high schools.. but also middle and elementary schoo. crews in novato are installg milton one bay area school district is beefing up security, not just high schools, but also middle, and elementary schools.

crews in nevada are installing security cameras. kpix's john ramos spoke with school administrators who say it just makes sense. >> it's our responsibility to make sure we return the kids in the exact same way they dropped them off. >> reporter: his most important job is to keep watch over his flock. and the new security cameras the district is installing will help out with that. >> it gives us an extra set of eyes. so make sure all 800 kids are safe at all times. >> reporter: the new cameras will look like these. which have been monitoring the campus of novato high for a year and a half. >> we have cameras in the hallways. we have cameras where there's just a lot of activity. so the peace of mind. >> reporter: from his office,

sully can see 28 different live cameras, or review as far back as two weeks in the past, by accessing a recording stored at the district office. the cameras have stopped fights, nabbed vandals, and have even discovered some surprising campus intruders. sully says the intention is not to snoop on kids, but to watch out for the students on campus. >> it's a lot easier for me to sit in my office, and i can see the entire campus in a few minutes, rather than taking 20 minutes to walk around the whole campus to see what's going on. so i'm sold on it. >> reporter: this week, installation begins at district middle, and elementary schools. but at hamilton elementary, the mission will be a little different. >> it's not about the kids, it's about someone coming onto campus to keep us safe. >> reporter: officials say surveillance cameras are nothing new. many schools already have them.

they just say it's time for novato to catch up to the technology. john ramos, kpix, 5. >> the use of cameras has become so commonplace. one study shows more than 60% of all schools in the country already have them installed. tomorrow is election day around the bay area. measure c, a wide ranging gun control ordinance. it will require gun owners to keep firearms locked up when not being carried. they have to report any loss, or theft within 48 hours. ammunition magazines holding more than 10 rounds will be banned, and will have to keep logs of ammunition sales. polls close at 10:00 tomorrow night, we'll have complete results on our website, cbs5.com. just hours ago, the u.s. senate vote today move ahead with a major gay rights bill.

it would prohibit workplace discrimination based on sexual orientation, and sexual identity. the final senate passage is expected this week, but it is not expected to pass the republican led house. john boehner has opposed. saying it will undermine job creation and lead to frivolous lawsuits. someone tries to blow up a uc frat house. how clues from a halloween party could help catch an arsonist. >> an nyu student can't remember how he got trapped between two buildings. what a witness saw him doing just before he got stuck.

few big pay days... the graton resort and casino t a new wine country casino is go to give local governments a few big paydays. it opens tomorrow at roanoke park, west of highway 101 in sonoma county. it's expected to bring in hundreds of millions of dollars. a closer look on where that money will be going. >> reporter: the slots are all set. greaton casino opens tomorrow. for locals like petaluma's paul pratzel it means more traffic. expect thousands more vehicles rushing up 101 to get here. >> i'm not going to be able to say i can hardly wait. >> reporter: they will hit a payday of sorts, through a revenue payment. the money will offset any

negatives the casino brings. the money could fix local roads, or bolster social services, to provide addiction help. >> the state will also get 15% of the casino's net revenue for the first 7 years, and 12% after that. the owner of the oakland a's, says his team is staying in the east bay for now. that's after a report that major league baseball is thinking of having the a's, share at&t park with the giants. the a's lease at the coliseum expired at the end of the season. the owner said the a's will extend their lease. he wanted to build a new ballpark in san jose, but that territory is claimed by the giants. major league baseball has yet to rule on whether the a's, can move to the south bay. trying to find whoever tried to blow up a fraternity house with people sleeping

inside. someone turned on the stove in uc davis early sunday morning then tried to light a fire in the bathroom. if successful, the explosion would have leveled the house and the surrounding buildings. police questioning 40 people who were there saturday night for a halloween party. investigators trying to figure out how a 19-year-old nyu student ended up wedged between two buildings for 36 hours. he disappeared early saturday morning, when the fire alarm in his dorm went off. classmates said they saw him running upstairs when everyone else was running down. >> we went door to door, asking people what they knew about him. one person said, the last they had seen, he was headed up the stairs. we went to security and said, you need to go on the roof and check the roof. >> reporter: campus security officer later found his cell phone on the roof, and heard him moaning. emergency workers broke through two walls to reach him. got him out, and rushed him to

the hospital. relatives say he's in good spirits despite suffering several broken bones. so clear today, you could see san jose from the bay bridge. it was spectacular. >> amazing. amazing that we can't even get clouds. forget rainfall. on most days, we can't even get clouds nowadays. not showing any signs of breaking down over the next several days. you get the benefit of a spectacular sunset. look at that perfect silhouette. even the construction crane from the san francisco touchdown of the bay bridge and of course the transamerica pyramid. the view from san jose is excellent. temperatures outside will get chilly rather rapidly. we've got a pair of 6's for you in concord, and oakland. in the city, san francisco 62. santa rosa, 67 degrees. speaking of clear, we have not seen a drop of rain on kpix hi-

def doppler radar since september 22. rarely are we this dry in the fall. it has rained in the bay area three times in the past 132 days. now this time of year, november, is the time where typically we turn the corner. october, a pretty dry month. in november, we average more than 2 inches of rain. by december, we average more than 4 inches of rainfall. this is our transition to the rainy season, and just about every piece of the puzzle is already there. you're wondering, sunny, and 65 degrees outside. what are you talking about paul? we have the juicy atmosphere. a lot of storms making it to the west coast. but what we also have is a strong ridge of high pressure, which is simply muscling the jet stream, the storm path. and keeping it up to the north. talk to any of your friended in seattle or portland, and ask them how the rain was over the weekend. the moisture is there. the storm is there. but we have this big ridge of high pressure which is not moving. until it moves, every storm will pass by to our north. we'll get cooler, and cloudier,

but we won't see any rainfall. that will happen later this week. it looks like about a week from now, a week from now, the ridge will finally move, and once it begins raining it likely will keep raining for a while, but we're not there yet. so we're staying sunny. over the weekend, it will be get cloudier, and cooler. that pattern change is coming. every long range computer model says it is, but it's likely holding off until next week. tomorrow, tuesday, enjoy the highs. average is 71. close to normal. mountain view, you'll hit 68. cupertino, 69. hayward, 66. another mild start in danville. 71. pittsburgh, 71 degrees. mid-60s in the city. san leandro at 68. more sunshine on wednesday. more sunshine on thursday. here come the 60s, beginning friday. there is that pattern change. next monday it looks like we'll

get a decent soaker in here. it may be the first of many. once that ridge moves, all those storms are there. they're lining up, they're just not coming here yet. we'll get them eventually. open the door, they're going to come in once the door is open. how about crab? this year's dungeonous crab season looks pretty promising along the central and northern california coast. sport fishermen able to start crabbing over the weekend. but the commercial season won't start until november 15. this year, watch the claws, dude. this year, for the first time in california history, regulators limiting the number of traps commercial crabbers can have. a truck driver in georgia is feeling pretty lucky this morning. he blew a tire on i75 in atlanta over the weekend, and spilled his pay load. it wasn't just any load, it was millions of bees. along with the bees, hundreds of honeycombs. it was a huge mess that shut down the highway for hours. fortunately, not a single sting.

>> lucky. you show up, you want your flu shot. you find out your insurance isn't going to pay for it. how drugstores may be misleading people about flu shot coverage. ,,

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glitches. but paper applications aren't faring y better. house meetings technology experts are rushing to fix the obama care website glitches. but paper applications aren't faring any better. new notes reveal all applications eventually go through the healthcare.gov website. people were told to fill them out to feel like they were making progress. a an outside consultant warned the white house three years ago, that people in charge of the website didn't have the expertise to pull it off. >> when you don't have the right people, and you don't have the right system, something goes wrong. >> the website is being shut down for four hours every night

for repairs, and obama care may be coming to your favorite tv show. a foundation supporting the law provided a $500,000 grant to inform tv writer and producers. the hope is that they'll weave obamacare plot lines into popular shows. you know the saying, it's cold and flu season. well it is, and it seems some stores are sticking to their customers. a growing number of people complain they're paying for shots that should be covered by insurance. >> reporter: it's convenient, and quick, and hugely painless. but getting a flu shot at a large chain store can come with an unpleasant side-effect. consumers say they're being charged full price for a flu shot at the pharmacy, even though their insurance is supposed to cover it. we were charged $30 a pop for flu shots this weekend at a safe way pharmacy in san francisco. others across the country are complaining about the same

thing at other pharmacies. >> i'll go ahead and get it. >> reporter: the general rule is that if you have insurance, pretty much of almost any kind, it is now legally mandated that they cover the cost of a flu shot. amy bach, says with few exceptions nearly every insurance policy has to cover what is known as preventive care. what's causing the confusion? some classify flu shots as a pharmacy benefit. others consider it a medical benefit. >> that's kind of your classic insider lingo that should not be a problem for the consumers. >> reporter: she explains most insurance companies will reimburse the cost of your shot if you have to pay out of pocket, but your best bet is to contact your insurer before you go to the pharmacy. because after all -- >> it shouldn't hurt to get the shot, and it shouldn't hurt to pay for it. >> reporter: we contacted several major pharmacy chains,

and all said they do accept insurance for flu shots. bottom line, your best bet is to call your insurance. in my case, united healthcare says i will have to submit my receipt to them after the fact. if you have a consumer problem, give us a call. now for a look at what's ahead on the cbs evening news. >> scott pelly is in new york. scott. >> reporter: great to be with you in the bay area. could they have stopped the l.a.x. shooter? turns out los angeles police were en route to his home before paul ciancia opened fire at the airport. we'll explain why. plus, an nfl lineman has quit over locker room harassment. we'll tell you what that was all about. those stories and the rest of the world news on the cbs world news at 5:30, right after kpix 5 news. ,,,,,,,,,,

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twitter getting ready to go public this week. but is it worth your money? we hear from investors new at 6:00 tonight, twitter getting ready to go public this week. but is it worth your money? we'll hear from investors, whether they think it's a good, or a bad buy. and how a mysterious disease is turning sea life into goo. >> technically, i don't want to touch it. >> all right ken, we'll see you then. the cbs evening news with scott pelly is coming up next. >> remember, the latest news and weather is always on our

website kpix 5.com. >> pelley: tonight, could they have stopped the l.a.x. shooter? los angeles police were enroute >> pelley: tonight, could they have stopped the l.a.x. shooter? los angeles police were e enroue to his home before paul ciancia was enroute to the airport. john miller finds out how they he got the gun into the terminal. how did the health care web site duck security requirements? sharyl attkisson has the answer. an n.f.l. lineman quits over locker room harassment. mark strassmann tells us what it was all about. and elaine quijano on the forgotten p.o.w.s. they were captured and held in prison camps, so why did uncle sam turn his back? captioning sponsored by cbs this is the "cbs evening news" with scott pelley.